4.  The applicant was born in 1982 and lives in Diyarbakır. He was sixteen years old at the time of the events and according to the official documents in the case file he had a criminal record concerning ten different incidents, inter alia, of robbery and pickpocketing.
5.  In the application form the applicant submitted that he had been subjected to ill-treatment while he was held in police custody. In this connection, he claimed to have been blindfolded, punched, kicked, hit with a truncheon, isolated, threatened, starved and sworn at.
6.  On 9 July 1998 Mr M.S. lodged a complaint with the Gaziosmanpaşa police station, in Istanbul, that he had been robbed by three people pointing a knife at him as he was leaving an exchange bureau. One of the suspects, who was arrested shortly after the incident, was identified by Mr M.S. This suspect gave the names of the applicant and the other suspects involved in the robbery as well as that of the hotel where they were staying. On 10 July 1998 the public prosecutor, at the request of the police, extended this suspect's custody period for four days.
7.  According to the incident report drafted on 11 July 1998 at 2.30 a.m. and signed by the applicant and two other suspects, when the police officers arrived at the hotel room and asked for identification the applicant and other suspects refused to comply and started cutting themselves with razors and hitting their heads against the wardrobes and they smashed the glass door of the hotel while trying to escape.
8.  The police drafted a similar report at 3.00 a.m. which was signed by one member of the hotel staff and the hotel owner.
9.  On 11 July 1998 at 10.45 a.m. Mr M.S. identified the applicant as one of the individuals who had taken money from him that day. On the same day the police took Mr M.S.'s statement.
10.  According to the custody records the applicant was arrested and taken into police custody on 11 July 1998 at 2 a.m. The applicant claims that he was arrested on 8 July 1998.
11.  On 11 July 1998 at 6.50 p.m. the applicant was examined by a doctor at Duygu Hospital who noted an old wound of 3 cm on the right side of the applicant's head.
12.  On the same day the applicant met his lawyer appointed by the bar, Mrs F. Karakaş Doğan. After the meeting the applicant's lawyer wrote to the Gaziosmanpaşa public prosecutor and the Magistrates' Court; she stated that her client claimed to have been arrested on 8 July 1998 and that therefore the legal detention period had expired. She further maintained that the applicant had a head injury and redness on his back and requested that he receive medical treatment for his injuries.
13.  On 12 July 1998 Mr A.A., the owner of the hotel, gave a statement to the police. In his testimony he submitted that he was told of the incident by the receptionist who had escorted the police to the suspects' room and that after the incident he noted that the glass door of the hotel was broken and that there were bloodstains in the hotel room.
14.  On the same day the receptionist, Mr M.A.S., gave a statement to the police where he maintained that he had witnessed, inter alia, the applicant and other suspects cutting themselves and hitting their heads against the wardrobes.
15.  On 13 July 1998 the applicant was examined by a doctor at the Gaziosmanpaşa Forensic Medicine Institute who noted redness in fifteen places on the applicant's back, swelling on the head and redness on various parts of the applicant's legs.
16.  On 13 July 1998 the applicant was brought before the Gaziosmanpaşa public prosecutor where he denied the accusations against him. He admitted cutting and hurting himself in anger when the police asked him to come with them at the hotel. The applicant's lawyer maintained that the applicant was subjected to duress at the police station and that he had physical injuries.
17.  On 13 July 1998 the applicant was brought before the Gaziosmanpaşa Magistrates' Court where he denied the charges against him.
18.  On an unspecified date the public prosecutor commenced an investigation into the applicant's allegations of ill-treatment.
19.  On 15 September 1998 the Gaziosmanpaşa public prosecutor heard evidence from Mrs F. Karakaş Doğan, who stated that when she had arrived to meet with her client the police had informed her that he was a psychopath and that he might attack her. When she insisted on meeting her client she noted that the applicant had a head injury. Moreover, she noted bruises on his abdomen and back. The applicant had told her that he had been beaten.
20.  On 16 September 1998 the Gaziosmanpaşa public prosecutor heard evidence from the applicant who maintained that he had been beaten by a couple of police officers on the head and abdomen. He admitted that he took drugs and alcohol on a regular basis and that prior to his arrest he had taken drugs and wine and during the arrest he had got angry and cut his arms, abdomen and neck.
21.  In the meantime, on 24 July and 5 October 1998, the public prosecutor heard evidence from five police officers on duty that day. They all denied the accusations of ill-treatment and affirmed that the applicant was a person who frequently committed crimes and had a psychopathic personality.
22.  On 6 October 1998 the Gaziosmanpaşa public prosecutor filed a bill of indictment with the Gaziosmanpaşa Criminal Court of First Instance against four police officers for ill-treatment under Article 245 of the Criminal Code and abuse of office under Article 230 of the Criminal Code.
23.  On 16 December 1998 the Gaziosmanpaşa Criminal Court of First Instance considered that since the applicant claimed to have been beaten in order to get him to confess to a crime, Article 243 of the Criminal Code was applicable. It therefore declined jurisdiction and transferred the case to Eyüp Assize Court.
24.  On 26 January 1999 the criminal proceedings against the accused police officers commenced before the Eyüp Assize Court. The applicant joined the proceedings as a civil party.
25.  On 23 March 1999 the court heard evidence from the applicant who submitted that he had been blindfolded, hit on the head and abdomen and that afterwards they had opened his eyes and thrown water over his head.
26.  On 15 September 1999, upon the request of the first-instance court, the 2nd Specialised Commission of the Forensic Medicine Institute examined the applicant's medical reports. They considered that the wound to the head was the result of a blunt object trauma and that the redness noted in the medical reports could have been the result of either a blunt object trauma or a metabolic reaction and that it was impossible to distinguish medically between them.
27.  In the hearing held on 2 March 2000, upon the request of the applicant's lawyer, the court issued arrest warrants against the accused police officers, who had not attended any of the hearings.
28.  On 21 April 2000 accused police officer Mr Z.A. was heard by a rogatory court in Diyarbakır where he denied the accusations against him.
29.  On 15 June 2000 accused police officer Mr G.S. was brought before the court and, although it was not the date of the hearing, the latter decided to hear him. The police officer denied the accusations against him.
30.  On 12 July 2000 accused police officer H.Y.A. was heard by the court where he denied the accusations against him. The applicant and his lawyer were not present at the hearing.
31.  On 5 March 2002 accused police officer Mr M.H.S. was heard by a rogatory court in Tavşanli where he denied the accusations against him.
32.  On 26 November 2002 the first-instance court acquitted the accused police officers of the offence of ill-treatment and decided, pursuant to Law no. 4616, to suspend the proceedings for the offence of abuse of office. In its decision the court noted that the applicant's statements were contradictory and that the medical evidence in the case file was insufficient to convict the accused as charged.
33.  On 15 January 2003 the applicant appealed.
34.  On 24 October 2003 the principal public prosecutor at the Court of Cassation submitted his written opinion to the latter where he considered that the case should be quashed on account of insufficient investigation.
35.  On 28 November 2005 the Court of Cassation upheld the judgment in respect of the acquittal of one of the police officers and quashed it in respect of the others on the ground that the five year statutory time-limit for prosecuting them had expired. It therefore decided to drop the public action brought against them. This decision was signed by the principal public prosecutor at the Court of Cassation on 31 January 2006, arrived at the registry of the first-instance court on 6 March 2006 and was recorded in the log held by the Registry of the Eyüp Assize Court on 10 March 2006.